HomeMy WebLinkAbout4734 Ordinance - Amending PMC Sections 25.15.270 25.180.050 Related to FencingOrdinance – Amending PMC 25.15.270 & 25.180.050 - 1
ORDINANCE NO. 4734
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTIONS 25.15.270 AND
25.180.050 TO CLARIFY FRONT YARD DEFINITIONS AND ADD
INCREASED FLEXIBILITY TO FENCE HEIGHT AND PLACEMENT.
WHEREAS, the Landscaping and Screening chapter of the Pasco Municipal Code (PMC)
25.180 is intended to establish minimum standards for the provision of design, maintenance, and
sight-obscuring methods within residential zoning districts; and
WHEREAS, the definitions for “Yard, front” in PMC does not clearly account for yards
between right-of-way and primary structures; and
WHEREAS, there is a need to establish clear guidelines for fence heights and placement,
taking into consideration the balance between property privacy, safety, and maintaining
neighborhood cohesion; and
WHEREAS, the intent of this amendment is to increase clarity, flexibility, and safety
standards for corner lot fencing within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Section 25.15.270 entitled “Y definitions” of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
25.15.207 Y definitions.
“Yard, front” means an open and unoccupied space extending the full width of the
lot between any building and any street right-of-way adjacent the lot the street right-
of-way the building is addressed from. The front yard shall be determined by
measuring perpendicular from the street right-of-way to the closest point of the
building.
“Yard, rear” means an open and unoccupied space extending across the full width
of the lot between the principal building and the rear lot line and measured
perpendicular from the rear lot line to the closest point of the building; and shall
not include any front setback area on corner lots. For a corner lot the rear yard shall
be parallel to the shortest lot line common to an adjacent lot.
“Yard, secondary front” means a yard on a corner lot between the street right-of-
way that a building is not addressed from, extending the remaining width of the
frontage from the front yard. The secondary front yard shall be determined by
Ordinance – Amending PMC 25.15.270 & 25.180.050 - 2
measuring perpendicular from the street right-of-way to the closest point of the
building.
“Yard, side” means an open and unoccupied space, except as provided herein,
extending from the front yard to the rear lot line between the principal building and
the side lot line. The side yard shall be measured perpendicular from the side lot
line to the closest point of the principal building. [Ord. 4110 § 5, 2013; Ord. 3354
§§ 1 – 3, 1999; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.490 – 25.12.500.]
Section 2. That Section 25.180.050 entitled “Design standards” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.180.050 Design Standards
(1) Fences, Walls and Hedges.
(a) The height of fences, walls and hedges located between a structure
and street or alley shall be measured from the street curb or alley grade
except in those cases where topographical irregularities occur. The height
of fences, walls and hedges between a structure and a common lot line shall
be measured from the grade along the common lot line or top of any
structural retaining wall occurring at the common lot line.
(b) Fences and walls in commercial districts shall complement the
materials used in any principal on-site structures.
(c) The height of fences, walls and hedges shall be limited to three and
one-half feet. An additional one and one-half feet comprised of 85 percent
transparent material is permitted for a maximum of five feet within the front
yard area of residentially zoned lots, retail business and office zoned lots. A
six-foot fence in the front yard next to the side street is permitted if the
property is at a corner where two corner lots are next to each other or
separated only by an alley. If the house’s front door faces the side street,
any fences taller than what is allowed in the front yard must be placed 15
feet away from the side street’s property line.
(i) Fences greater than three and one-half feet in front yards
must provide address numbers to the fence in conformance with the
International Building Code.
(ii) Fences greater than three and one-half feet in front yards
must be equipped with Knox boxes if gates are locked.
(d) The height of fences, walls and hedges within the side and rear side,
rear, and secondary front yards of residentially zoned lots, retail business
and office zoned lots shall be limited to six feet. A gate or opening with a
Ordinance – Amending PMC 25.15.270 & 25.180.050 - 3
minimum three-foot width leading into at least one side yard shall be
provided.
(e) All fences shall be constructed to conform to the most recent version
of the Pasco Design and Construction Standards related to sight distance
triangles.
(ef) Fences shall not be constructed out of tires, pallets, bed springs,
multi-colored materials, tarps, plastic sheets, corrugated sheet metal, except
in industrial districts, wheel rims and similar or like materials not
traditionally manufactured or used for fencing purposes. Hog wire, chicken
wire, horseman wire mesh, v-mesh, field fence, woven field fence, welded
utility fence, or any similar or like wire fencing material is not permitted in
residential or commercial zones. Horseman wire mesh and the other wire
fencing listed above may be permitted in suburban residential districts on
tracts larger than one acre that are used for animal husbandry. Fences built
with valid permits prior to the effective date of this chapter or fences on
properties annexed to the City after the effective date of this chapter are
exempt from this subsection.
(fg) Barbed and razor wire fencing is prohibited in all residential
districts, in the office district and the central business district. Barbed wire
may be permitted in suburban residential districts on tracts larger than one
acre that are used for animal husbandry. In the C-1 retail business district
only one strand of barbed wire is permitted along the top rail or within two
inches of the top rail.
(gh) Electrified fences are not permitted in residential districts except as
a secondary means of securing property where the electrified fence is
located behind an existing fence or in suburban districts to contain permitted
farm animals.
(hi) In all front yards, whether on properties with single, double, or triple
frontage, rails, posts and other structural fence supports shall not be visible
from a public street; except that posts and rails that are an integral part of
the fence design and aesthetics and not used solely for structural support
may be visible from a public street.
(ij) All fencing in commercial and industrial districts shall be placed on
the inward side of any required perimeter landscaping, with landscape
treatments occurring along the street frontage.
(jk) No fence, wall or hedge, landscape material or foliage higher than
three feet above curb grade shall be located or planted within an area 20 feet
along the property lines from the intersection of two streets, including the
area between such points, or 15 feet from the intersection of a street and an
Ordinance – Amending PMC 25.15.270 & 25.180.050 - 4
alley; provided, however, that if an alternative fence material is used, such
as masonry, wrought iron, wood, or combination thereof, then the fence
must be 75 percent transparent and may be a maximum six feet in height;
or a smaller, 75 percent transparent fence set upon a maximum three-foot
wall or other structure not exceeding a combined height of six feet may be
erected within said area of intersection of street and alley, so long as the
fence is at all times unobstructed by foliage or other matter.
(kl) Fences constructed in any zoning district may be permitted at the
back of sidewalks in public right-of-way upon approval of the City
Engineer, except as provided in subsection (1)(jk) of this section.
(lm) All residential fencing within the I-182 overlay district, as defined by
PMC 25.130.020, adjacent to the I-182 right-of-way shall be constructed of
masonry block. Replacement of preexisting Surewood fences within the
district shall use masonry block or cedar material prescribed by the City as
prestained, knotless cedar 23/32-inch thick, five and one-half inches wide
and six feet tall.
(mn) No fence or wall shall be erected without first obtaining a building
permit from the Building Inspector.
(2) Clearance Distances. Where a fire hydrant is located within a landscape
area it shall be complemented by a minimum clearance radius of three feet; no tree,
as measured from its center, shall be located within 10 feet of a street light standard,
or within five feet of a driveway or a fire hydrant.
(3) Commercial and Industrial Districts.
(a) The first 10 feet of all commercial and industrial property abutting
an arterial street and the first five feet of all commercial and industrial
property abutting a local access street shall be treated with landscaping at
the time the property is developed. No less than 65 percent of the landscaped
area must be treated with live vegetation at the time of planting.
(b) In addition to the requirements contained in this chapter and unless
specified otherwise in Chapter 25.130 PMC, commercially and industrially
zoned properties adjacent to properties in less intense zoning districts shall
have a 10-foot landscape buffer on the side immediately adjacent to the less
intense zoning district. The landscaped buffer shall meet the following
standards:
(i) Live vegetation within the landscape buffer shall be planted
with a mix of evergreen and deciduous trees and shrubs interspersed
throughout the landscape buffer.
Ordinance – Amending PMC 25.15.270 & 25.180.050 - 5
(ii) The live vegetation shall consist of 40 percent evergreen
trees.
(iii) Trees shall be provided at a minimum rate of one tree for
every 20 linear feet of property line and spaced no more than 30 feet
on center spacing along each property line, unless planted in
groupings of three trees, with groupings spaced no more than 50 feet
on center along each property line.
(iv) Shrubs shall be provided at a minimum rate of one per eight
linear feet of property line and spaced no more than 16 feet apart on
center.
(v) Parking lots located adjacent to properties in less intense
zoning districts require 100 percent of the landscape buffer to be
planted with live vegetation.
(c) The area between property lines and the back edge of street curbs,
within right-of-way and exclusive of sidewalks and driveways for
ingress/egress, shall be treated with landscape materials.
(4) Residential Districts. At least 50 percent of the required front yard area for
all residential property, including right-of-way but excluding driveways, shall be
treated with live vegetation. Planting strips shall be treated as per PMC 12.12.070;
and
(5) All areas of a lot or parcel not landscaped or covered with improvements
shall be maintained in such a manner as to control erosion and dust. Gardens within
established landscapes are excluded from this provision in residential districts.
Front yard areas not covered by the required 50 percent live vegetation must be
covered by mulches or decorative rock. [Ord. 4680 § 1, 2023; Ord. 4157 § 1, 2014;
Ord. 4110 § 28, 2013; Ord. 3763 §10, 2006; Code 1970 § 25.75.050.]
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 5. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
Ordinance – Amending PMC 25.15.270 & 25.180.050 - 6
PASSED by the City Council of the City of Pasco, Washington, on this 7th day of Ocotber,
2024.
APPROVED AS TO FORM:
___________________________
Kerr Ferguson Law, PLLC
City Attorneys
_____________________________
Pete Serrano
Mayor
ATTEST:
_____________________________
Debra Barham, MMC
City Clerk
Published: October 13, 2024